Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-02-11

made public by such common carriers when al.
Tecsed oy said Commission, in 20 far as NAV. in
the Judgment OF the Commission. be deemed
p ;.as Ga and said Commission shall from
nme 70 time prescribe the measure of pub
.acisy which shall BIO given to such rates, fares
9Hu cnarGes, or to such part of them Us it NAV
tee,n ~ nfactlcnble FOR such common carrers
70 publish, and the places in which th.y
snail be published but no common carrier party
70 any such joint tariff shall be liable for The
tSereto % o. any other common carrier party
OF cnafges thus made and published. II anv
sucn common carrier shafl neglect or refuse to
LEO as OF publish its schedules or tariffs Of rates,
fares, and charges, as provided in this section.
VI any part OF the same, such common carrier
snail IN addition to other penalties herein pro,
scr.Ded, be subject to writ Of mandamus, to be
issued by any circuit court of the United States
N the judicial district wherein the principal
otnce OF said common carrier Ia situated or
wherein such otense may be committed, and il
81 sncn common carrier be a foreign corporation,
IN the Judicial circuit wherein such common
carrier accepts traffic and has an agent to per-
t tIlm such service, to compel compliance with
tne aforesaid provisions Of this section: and
suc9 writ shall issue In the name Of the peoDle
OF che United States at the relation of the Com
ms HhMssioners appointed under the provisions Of
aulrements shall be punishable as and for a
containpt: and the said Commissioners. al
cut Pa,ne may also apply. in any such Cir
nJunctien against such common carrier to re-
e sn such common carrier from receiving or
s transporting property among the several statos
sne United States and adjacent foreign coun-
tfies. or between ports of transshipment and Of
ensry ana the several States and Territories Of
sne United States, as mentioned in the first sec.
tion OF this net, until such common carrier
shall have complied with the aforesaid pro-
VISIONS sns OF this section Of this net.
oec T. That it shall DO unlawful for any COM
mon easier subject to the provisions of this act
70 enter into any combination, contract or agrees
n .Mena expressed or implied, to prevent by
o1Ahge OF time schedule carriage in different
ea.s or by other means or devices, the carriage
" 1relghts from being continuous from the place
q SHIPMENT to the place Of destination; and no
pfeak OF bulk, stoppage or interruption made
u such common carrier shall prevent the car
rhge of freights from being and being treated
as, one continuous carriage from the place of
snch break stoppage, OF interruption was made
IN good faith for some necessary purpose, AND
without any intention to AVOID or unnecessarily
interrupt such'contnuousf carriage or to eyade
any OF the provisions of this net.
Sec Z. That in case any common carrier SUBJ
lect to the provisions Of this net shall do, cause
| ter or thing III this act prohibited or declared
to be unlawful, or shall omit to do any act mat
ter or thing in this act required to be done,
! such common carrier shall be liable to the per-
| son or persons injured thereby for the full
! amount of damages sustained in consequence
OF any such violation Of the provisions Of this
act, together with reasonable counsel or at
| torneys fees, to be fixed by the court in every
case Of recovery. which attorneys fees shall be
taxed and collected us part Of the costs in the
case
Sec 2. That any person or persons claiming
to he damaged by any common carrier subject
to the provisions Of this act may either make
! complaint to the Commission as hereinafter
provided for; On may bring suit in his or their
bAhAlf nj f}o 1ovo fo,
| which such common carrier may be liable un-
derthe provisions of this act in any District
or Circuit Court of the United States Of conlpe-
tent jurisdiction; but such person or persons
shall not have the right to pursue both Of such
remedies, and must in each case elect which
one'of the two methods Of procedure herein
provided for he or they will adopt. In any
such action brought for the recovery OF dam
ages tho court before which tho same shall be
pending may compel any director, officer, re-
! ceiver, trustee, or agent Of the corporation or
company defendant in such suit to attend, mp
pear, and testify IN such case, and may compel
theEproduetion of the books and papers Of such
corporation or company party to any such suit
tho claim that any such testimony evidence
may tend to eliminate the person giving such
evidence shall not excuse such witness from tes-
tifying, but such evidence or testimony shall
notbe used against such person on the trial of
any criminal proceeding.
Sec TO- That any common carrier subject to
the provisions OF this act, or, whenever such
common carrier is q corporation, any director or
officer thereof. or any receiver, trustee, lessee
agent or person acting for or employed by such
corporation who, alone or with any other cor
potation, company, person or party, shall will
fully do or cause to be done. or shall willfully
suffer or permit to be DONE any act matter OF
thing in this act prohibited or declared to be
unlawful, or who shall aid or abet therein. OF
shall willfully emit or fail to do any act
matter or thing in this act required to be done
or s1a cause t Of w ~ sned or permit any
this act to be done not to be so DONE or shall
aid or abet any such omission or failure, O.
or shall aid or abet therein snail be deemed
guilty OF a misdemeanor, and shall. upor
conviction thereof in any District Court Of
tho United States within the jurisdiction Of
which such offense was committed be subject
to fine of not to exceed SIS, 600 for each offense
Sec. II; That q commission is hereby created
tComrnerce Commission, which shall be com
posed of five Commissioners, who shall be an
pointed by tho President, by and with the adj
vice and consent OF the Senate The Commits
tinue IN office for the term of two. three four
five, and six years, respectively, from the Is,
day Of January, A D. 1851 the term Of each te
cessors shall be appointed for terms of Six
years, except that any person chosen to fill a
vacancy shall be appointed only for tho unex.
pired term Of the Commissioner whom he shall
succeed. Any Commissioner may be removed
by the President for inefficiency. neglect Of
duty, or malfeasance in office. Not more thnn
three Of the Commissioners shall be appointed
from the same political party. No person in the
employ of or holding amy official relation to any
common carrier subject to the provision Of this
act or owning stock or bonds thereof. 6r who is
in any manner pecuniarily interested therein,
shall enter upon the duties Of or hold such
office, Said Commissioners shall not engage in
any other business. vocation, ur employment
No vacancy in the Commission shall impair the
right of the remaining Commissioners TO exer-
else all the powers OF the Commission.
Soc IL. That the Commission hereby created
shall have authority to inquire into the man.
agement of the business of all common car.
riers subject to the provisions Of this act and
shall keep itself informed as to the manner
and method in which the same is conducted,
and shall have the right to obtain from such
common carriers full and complete Information
necessary to enable the Commission to perform
the duties and carry out the objects for which
it was created and for the purposes OF this oct
the Commission shall have power to require
the attendance and testimony Of witnesses and
tho production of all books papers. tariffs,
contracts. agreements, and Documents relating
to any matter under investigation, and to that
end may invoke the aid Of any court
attendance and testimony Of witnesses
and the production Of books papers,
and documents under the provisions Of this sec.
ton. And any Of the Circuit Courts Of the